The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-28

week uller he got the gun. got this gun
from Mstamoras, Ohio. only had one
cartridge when | lot John NJ. Newman
have the gun. got the other cRtttidges
in Wheeling afterwards for him. II was
in 1856 let him have tho gun. John NJ.
Newman came to me for tho gun. New.
man wanted me to 20. como cartridges for
him when | went to Wheeling.
On croea examination by Col. Arnett
the witness said: | 1.-Two in the town OF
Proctor. think John N. Newman had
tho gun rome five or ak weeks bs!ore
Jacob 3. Baxter was killed. Newman got
only one cartridge from me at the limo or
about the time ho got tho gun. At his re.
quest got some cartridges for him alter.
wards at Wheeling. Igavs them to John
shortly after I got them. l have no mark
on tho gun TO identify it from any other
one OF the same pattern. paid for the
cartridges myself. paid eighty cants for
them. John NJ. Newman has never paid
me- for them. lgave them to him.
franklin Anderson, the next witness,
said hs resided on the ridge. Mr.. Nsw-
man lives on the same ridge Jacob R.
Baxter lived on. l live about ono mile
ard hall from the Bsxter residence.
went TO the Baxter residence that night aa
coon a. | heHtd he had bsen killed.
When got there found jacob K. Baxte,
lying dead on his door step. examined
tie ground around the apple tree. saw
the marx mats by the butt OF gun. I
also saw mRu's track about the siza OF a
No 6 shoe. John N. Newman was ssked
to put his foot out 80 witness could see h,
when he said that the track was about the
sizs OF Newmsn's foot Ialpo saw track
below little smoke house. l! was about
the came sizs as near ss could make out
it wss not very plain.
THE FOOT TRACKS ACRosS TIE FIELD.
We followed this track across the field
over fence, into the woods, where VT
lost it. This track when no los: it ives
going directly towards John II. Newman',
r rssidence. This track was found slons 6
path. AT the fence there was gap where
hoftea had been taken through. It trac
| ing thin track wo saw where it left tht
pnth and went down drain. Here W!
ess it quite plain, also where il c.oeset
the fence there was fresh mud on the
fence. We slso saw track the same siz;
going towards Jscob +. Baxtet's. This
was the same eized track we ssw ct tht
spyle tree The imprint OF the butt OF the
gun at the apple tree showed it to be {
large one. l ssw gun Ike this one a
Bsxter's house the day after the murder
] ssw 1t fitted in the indentation and
thought it tisted exactly. Mr.. Litus,
and John Palmer was With ,na when
| did this tracking. This apple tree VA
sixteen steps from where Jacob Bsxtel
lay. lsIepped it myself. This apple tret
forks shout IS high rs usn's breast.
looked through the FORKS of the appla tres
towards the place where Jacob L. Bsxtel
must have stood a. tho time he was shot
The LRy after Baxter was killed great
mauy people came, come from great dis
taEcn. ] did not see John N. Newman
thore until he wRs brought there undel
arrest. Evidence WAS here taken tendin,
10 silow that there wss another gun OF the
game csliDTo in that locality. To this
chsrGcier OF testimony Col. Arnett OBJ
iec.eG 40 irrelevant, and because it tended
to lnislead the jury. Captain Dovener 70
piled 10 the objection at length, citins
authorities. The objection was SUSTAINED
by the court.
AFTERNOON SESSION.
At the afternoon session franklin An
Leraon was recalled. He said he LIVED
about one and half miles from Baxter!
houee. Hive abou: one mile from Johr
n. SnYman's house AZ | 20 from mi
hor9e 10 where Baxter lived. psH
Ehout ore hundred yards from John NJ
SGSman'a residence. As came 10 Bay
teI'F Lha. night passed John NJ. New
mau's; cav no one stirring; saw no ligh
there. | know considerable number o
the g1ns Owned by people In that neigh
ibolhood none of them are as large as .hiI
gDn. knoS MeshGG Xlho. He has {
gun, Ehot-gun. l know OF some five OF
six guns in that neighb0rhood; none o
the guns know Of are 10 large.
Cr0Bs-rxNmiued by Col. Arnett-I frs
knew Of the death Of Jacob Baxter ahou
10 o'clock on the night Of October 3, 1885
did not hear the bell ringing when | va,
at my house. ssx Jacob Baxter lyins
on or near tho door sill. stayed at Bs1
ter's from the time went there until The
next evening. ] wRs thers all the time
did not examine the premBes that nigh
but did the next morning early. There
were severnl other persona there-Ed
Li,man, John Palmer, Jonathan Vandint
and others. There may have been Al
high az twenty there that morning. dit
not Bee the ball in the side OF the louae
1t had heen taken out bniore | ssw 1t
When | went &c the apple tree the mex
morning | discovered track and til,
print oF gun stock. The frat fence
! Tc caue to In tracking wRs pgiint
fence. The tracks did not 30 in the direc
ton OF the paling fence, they went nearly
ea5l. ! followed the tracks from tn
apple tInH sope ten or fifteen steps to the
gap in the fence. This gap was open; i
YiM near the small HnoEe house; ttii
fence enclosed the yard from this gap vi
!oiluwed tracks down r path. Baw two
tracks CT thB apple tree. About ten step
from this tres saw another track. Thi
wHB iual below the smoke house. ! ioun'
snOtnDr track some five or sI1 Rtpps turthe
on At or near gap. From this gap
vent On down hill along pEth; saV
scyeral tracks along this path. The gen
eral cnurEG Of these tracks led eegt AVA
from tho apple trse and tho houne. TIN
umDkn house is nearer to the houB0 THAI
tho Nppls tree. did not zee gny track
coming towards the treo inside the yard
TOOT PRINTS IN THE riRLD.
In the played ground down the path W
found ths full six. Of tho foot, both com
ing and going. This was about two
three hundred yards from the house.
cannot tnll whother the gronnd wan dry o
wet that mOnlus. The trucks showe
plain In tho piowcd grodnd. Tiers waa
dew. don't think the ground was yer.
wet. however. / did not geo tho full BIL
o! tho foot until got TO tho ploWed gronn
some two or three hundred yards from til
house. did not meRHure tho track
usitiIrr did SEQ 1t measured by any ont
The trncks did not look like tho pergo
who made them was running, only walA
ling. The soil in that field 10 heavy, Nea